You've Been (Virtually) Served; From Facebook Friend To Process Server: Service Of Process Via Facebook Messenger

It is no secret that social media has changed the face of the world in the last decade. Just ask Grumpy Cat. What is less evident, although no less true, is how social media has impacted the practice of law in the same amount of time. Just ask Victor Sena Blood-Dzraku.

Victor Sena Blood-Dzraku was married to Ellanora Arthur Baidoo in 2009. See Ellanora Arthur Baidoo v. Victor Sena Blood-Dzraku, 48 Misc.3d 309, 2015 N.Y. Misc. LEXIS 977 (N.Y. Sup. Ct. Mar. 27, 2015). The couple never lived together, however, and as of spring 2015, Ms. Baidoo only had spoken to her husband via telephone on a few occasions. Id. at *11.

In March 2015, Ms. Baidoo wanted a divorce; however, neither she nor her attorney could locate Mr. Blood-Dzraku to serve him with a divorce summons in order to initiate divorce proceedings. Id. at *5. The last address Ms. Baidoo had for her husband was from 2011, and when she had spoken with him, Mr. Blood-Dzraku informed his wife that he had no fixed address and no place of employment. Id. Equally frustrating, the post office had no forwarding address for Mr. Blood-Dzraku, and the New York Department of Motor Vehicles had no record of him either. Id. Eventually, Ms. Baidoo's attorney hired an investigation firm, which also was unable to locate Mr. Blood-Dzraku. Id. Running out of options, Ms. Baidoo petitioned the Supreme Court of New York, New York County for permission to serve her husband with the divorce summons through Facebook - and only Facebook. Id.

The court addressed the issue of whether Ms. Baidoo could serve her husband with a divorce summons solely through Facebook in Ellanora Arthur Baidoo v. Victor Sena Blood-Dzraku, 5 N.Y.S.3d 709 (N.Y. Sup. Ct. Mar. 27, 2015). In beginning its analysis, the court listed the various methods through which service of process could be effectuated in New York. Id. at *4. The court noted, however, that pursuant to Section 308(5) of the Civil Practice Law and Rules of New York, a plaintiff could make an ex parte application with the court such that the court may "devise a method that fits the particular circumstances of the case." Id. Ms. Baidoo asked the court to do just that and to find that her service of the divorce summons via Facebook Messenger constituted an appropriate form of alternative service.

In evaluating Ms. Baidoo's application, the court noted that she must demonstrate (1) that she was unable to have the summons personally served on her husband; (2) that it would be...